More torts in courts

By Chris Leadbetter and Sharni Mellor 2020-03-23T06:00:00

Torts, rarely used for damages claims, are now arising more often

When a party wishes to claim damages for breach of contract in construction cases, economic torts have not typically been a part of a claimant’s legal armoury. Economic tort claims have tended to be made where there is no other foundation for a claim and, due to their high evidential burden, are uncommon.

An economic tort claim does, in theory, open doors as the claimant does not need to have contracted with a party to claim against it. There is also the possibility of recovering more than in a contractual cause of action, given the differing approaches to calculating damages, which at times can result in a greater recovery for tortious claims.

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